Patents in the Service of Open Source

The Open Patent Non-Assertion Pledge (Open Patent Non-Assert or OPN) was developed by
Google to decrease patent threats around open-source software (OSS). There are a variety
of OSS copyright licenses and licensing organizations that provide for the responsible
allocation of patent rights, emphasizing defensive use only. The Apache License 2.0 and
the Open Invention Network are leading examples.

The OPN Pledge is designed to supplement existing OSS licensing alternatives, providing
patent holders who care about reducing threats to OSS a more robust defensive capability
against incoming patent aggression. It is a response to recent developments in the patent
marketplace, whereby companies that increasingly seek the benefits of OSS in their own
businesses nonetheless launch attacks against open source products and platforms as it
suits their fancy. The OPN is also an encouragement to those patent holders who support
OSS, but refrain from entering OSS licenses with patent provisions out of concern they
might be giving away too many rights and leaving themselves vulnerable.

As set forth in the terms and conditions of the OPN Pledge itself,
here are some of the key benefits of the OPN:

Patent holders determine exactly which patents (and related technologies) they wish
to Pledge and offer the public transparency in the process.

Allows for defensive termination relative to a broader range of incoming patent
attacks.

Non-assert promise and defensive use only terms designed to remain in force for the
life of the patents, even if sold or transferred.

Google has set forth its own Pledge and Pledged
Patents at this site. As we see it, the OPN Pledge can be a useful instrument for
other large operating companies, emerging growth companies, developer organizations and
their investors.

Leading companies and organizations such as Cloudera, IBM, and OIN agree and endorse the
OPN Pledge.

Please contact us at opnpledge@google.com if
you would like to understand more about the mechanics of the OPN Pledge or how it can be
of service to your company or organization.